Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-22
APPLICATIONS yoR PATENT.

APPLICATIONS yoR PATENT.
Where papers have once been hled with the
Register and Receiver they become q part OF
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
eral Land once.
An application will be rejected when the
scription Of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
Second-The notice was not published In q
new paper designated ~ published nearest the
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending g suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located in accord
Ance with law.
Where several parties own separate and dis
tinct portions of . claim, application for
patent may be made by either for tina portion
OF the claim owned by him; but where several
parties own undivided interests In . mining
claim all should Join in an application for q
patent.
A person or association may purchase as
many placer locations a. the local law admits,
and embrace them al In one application for 3
pAtent.
Two or more lodes cannot be embraced IN
one application for Q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport-
ing TO set as g deputy for the Register and be
ceiver cannot be recorded as evidences.
In all patents for mining claims situated
within the interior boundaries Of q town site
O clause Ia in erted excepting and excluding
all town property, rights upon the surface,
and all houses, buildings. structures. lots,
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
in, and all rights necessary or proper TO the
occupation, possession and enjoyment Of the
sGme."
Publication of notice must be made n only
one newspaper for the period Of 90 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. and in daily
newspapers 60 days must elApse between the
fr-t and last insertions.
Where the Register designates the d ally issue
Of q newspaper for publication of notices of .
mining application for patent it 10 not o COM
pliance with law to change to the weekly edi-
ton OF the same paper without authority Of
the Register.
The existence OF q salt spring on Q trsct of
land withdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character of such land is not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file q separate and
distinct claim against each application which
1t is alleged conflicts with the premises owned
| by such adverse lsimant.
The papers In sn adverse claim, once hled
cannot be Withdrawn, but become 90 Q part Of the
record.
not be amended so as to embrace q larger per.
tion OF the premises than that described in the
| original adverse claim.
An adverse claim must be made out IN
proper form and flied in the proper local oAic e
during the period Of publication Of the sppli-
cation for the patent TO be effective.
1t IL the dutJ OF the adverse claimant o
commence suit in proper form within the re-
qnired time. and IL he trusts she uncertain
medium Of the United States mail he must
abide the consequences, should the delay
ensae, through misfortune or accident. Should
the failure to commence suit be the result OF
tue cor fupt or dishonest sctio on OF his sttsrney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de-
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions of law, without stating the
facts specially, will NOS be considered In evi.
dence.
An adverse claimant should show q compli.
ance with the local laws In recording his claim
and in regard TO expenditures. aud shall nle 8
copy OF the original notice OF his location, and
show the nature or extent Of the conflict
alleged.
An allegation Of parties to a suit that they
compose the company 10 sufficient. and they
are not required TO prove that they are the
original ~locstors or the Identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDs.
Where land is of little. IL any valne, for aeri.
cultural purposes, but 10 essential to the
proper development Of mining claims, II
should be disposed of under the Mining Act,
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be Cancelled 5, any time
prior TO issuance of patent. upon satisfactory
evidence Of the existence of such vaIaable de.
posits.
Where valuable deposits of mineral ara dis.
covered upon q tract sitter the same has been
entered a. agricultural. but before Aent hAs
been Issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry with be cancelled 20
that portion OF tho land embraced by said
mining claim.
Where mineral deposits are discovered ON
agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make a mining location
oispose OF 1t. provided he becomes q citizen
before disposiDg OF the mine. Proof that the
party was not q citizen before disposine Of his
claim must be sfirmstiveiy shown,
Locstors and intermediate owners. other
than applicants. will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance Of patent. ~
The portion OF q mining claim sold 10 an
alien cannot be patented while suoh owner Ia
an aiien; but on his declarations O become 4
Citizen his right dates back to his purchsse.
SUD he may thereupon secure United States
patent for his claim.
CROSS LEDGRs.
Revised Statutes. Section 1885.
where two or more led ges cross or inteysect
each other, priority Of title shall govern. ana
sucn prior location shall be entitled TO ali ore
or mineral cont'ined within the space Of inter.
section. but the subsequent location man have
the right OF way through the space Of inter.
section Tor the purpose Of the convenient
WORKING OF the mine. And where two or more
veins unite the oldest or prior location sball
take the vein below the point OF union, in.
ciuding ali the space Of intersection.
TUNNELS.
ThaNa In M .-A-4A-